[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR209.50]

[Page 140-143]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 209_ADMINISTRATIVE PROCEDURE--Table of Contents
 
Sec.  209.50  Mississippi River Commission: Public observation of Commission 

meetings.

    (a) Purpose. (1) The purpose of this regulation is to afford to the 
public, to the fullest possible extent, information regarding the 
decisionmaking processes of the Mississippi River Commission and to open 
all meetings of the Mississippi River Commission to public observation 
except in instances where a portion or portions of a meeting may be 
closed to the public in accordance with this regulation in order to 
protect the rights of individuals and/or in order to permit the 
Mississippi River Commission to carry out its statutory and assigned 
functions and responsibilities. This regulation is issued in accordance 
with section (g) of the Government in the Sunshine Act and implements 
sections (b) through (f) of said Act (5 U.S.C. 552b (b) through (f)).
    (2) Public observation of Mississippi River Commission meetings 
includes public participation in the deliberations of the Commission 
only to the extent specifically provide in public notices of such 
meetings.
    (b) Definitions. The following definitions apply to the regulation 
in this section.
    (1) Commission means The Mississippi River Commission.
    (2) President means the duly appointed President and Executive 
Officer of the Commission.
    (3) Commissioner means a duly appointed member of the Commission.

[[Page 141]]

    (4) Secretary means the Secretary of the Commission.
    (5) Chief Legal Officer means the Division Counsel or the acting 
Division Counsel of the Lower Mississippi Valley Division, Corps of 
Engineers.
    (6) Meeting means the deliberations of at least a majority of the 
Commissioners where such deliberations determine or result in the joint 
conduct or disposition of official Commission business, but does not 
include:
    (i) Deliberations of the Commission in determining whether or not to 
close a portion or portions of a meeting in accordance with paragraphs 
(e)(4) and (e)(5) of this section.
    (ii) Deliberations of the Commission in determining whether or not 
to withhold from disclosure information pertaining to a portion or 
portions of a meeting as provided in paragraphs (e)(4) and (e)(5) of 
this section.
    (iii) Deliberations of the Commission pertaining to changes in the 
subject matter of a meeting or changes in the determination to open or 
close a portion or portions of a meeting to the public following the 
public announcement of such meeting in accordance with paragraph (d)(4) 
of this section.
    (iv) Deliberations of the Commission in determining whether to waive 
the one-week public notice requirement in accordance with paragraph 
(d)(2) of this section.
    (c) Time, place, and agenda of meetings. (1) The meetings of the 
Commission, except those held on Government boats during inspection 
trips of the Commission, shall be held at Vicksburg, Mississippi. The 
time of such meetings shall be fixed by the President of the Commission, 
who shall cause due notice of such meetings to be given members of the 
Commission and the public.


(33 U.S.C. 646)

    (2) The President shall, after consultation with the Commissioners, 
prepare a detailed agenda for planned Commission meetings at the 
earliest practicable time. Suggestions from the public of proposed 
agenda items are invited.
    (d) Public notices and Federal Register publication. (1) At least 
one week before each Commission meeting the Secretary shall issue a 
public announcement which (i) States the time and place of the meeting,
    (ii) Lists the agenda items or subjects to be discussed at the 
meeting,
    (iii) States whether the meeting or portions of the meeting are to 
be closed or open to public observation,
    (iv) States whether or not public participation in the meeting will 
be permitted, and
    (v) States the name and business phone number of the official who 
will respond to requests for information about the meeting. Public 
announcements of Commission meetings shall include releases to the news 
media in the Lower Mississippi River Valley and mailing notices of such 
meetings to all persons and agencies known to have an interest in the 
Commission's work and to others who request such announcements.
    (2) The one-week period for public notice required by paragraph 
(d)(1) of this section shall not be applicable when a majority of the 
entire membership of the Commission determines by a recorded vote that 
Commission business requires that a meeting be called at an earlier 
date. The Secretary shall, however, issue the public notice required by 
paragraph (d)(1) of this section at the earliest practicable time.
    (3) When due to unforeseen circumstances it is necessary to change 
the time or place of a meeting following the public announcement 
required by paragraph (d)(1) of this section, the Secretary will 
publicly announce such change at the earliest practicable time.
    (4) The subject matter of a meeting, or the determination of the 
Commission to open or close a portion or portions of a meeting to the 
public, may be changed following the public announcement required by 
paragraph (d)(1) of this section only if: (i) A majority of the entire 
membership of the Commission determines by a recorded vote that 
Commission business so requires and that no earlier announcement of the 
change was possible, and (ii) the Secretary publicly announces such 
change and the vote of each member on such change at the earliest 
practicable time.
    (5) Immediately following each public announcement required by this 
section,

[[Page 142]]

notice of the time, place, and subject matter of a meeting, whether a 
portion or portions of the meetings are open or closed to public 
observation, any change in one of the preceding, and the name and 
business telephone number of the official of the Commission who will 
respond to requests for information about the meeting, shall be 
submitted for publication in the Federal Register.
    (e) Closing a portion or portions of a meeting. (1) All Commission 
meetings shall be open to the public except when the Commission 
determines that public disclosure of information to be discussed in a 
portion or portions of a meeting is likely to:
    (i) Disclose matters that are (A) specifically authorized under 
criteria established by Executive order to be kept secret in the 
interests of national defense or foreign policy and (B) in fact properly 
classified pursuant to such Executive order;
    (ii) Relate solely to the internal personnel rules and practices of 
the Commission;
    (iii) Disclose matters specifically exempted from disclosure by 
statute [other than the Freedom of Information Act (5 U.S.C. 552), 
provided that such statute: (A) Requires that the matters be withheld 
from the public in such a manner as to leave no discretion on the issue, 
or (B) establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (iv) Disclose trade secrets and commercial or financial information 
obtained from a person and privileged or confidential;
    (v) Involve accusing any person of a crime, or formally censuring 
any person;
    (vi) Disclose information of a personal nature when disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
    (vii) Disclose investigatory records compiled for law-enforcement 
purposes, or information which, if written, would be contained in such 
records. But only to the extent that the production of such records or 
information would: (A) Interfere with enforcement proceedings, (B) 
deprive a person of a right to a fair trial or to an impartial 
adjudication, (C) constitute an unwarranted invasion of personal 
privacy, or (D) disclose the identity of a confidential source, and, in 
the case of a record compiled by a criminal law-enforcement authority in 
the course of a criminal investigation or by an agency conducting a 
lawful national-security intelligence investigation, confidential 
information furnished only by the confidential source:
    (viii) Disclose information the premature disclosure of which would 
be likely to significantly frustrate implementation of a proposed 
Commission action except: (A) When the Commission has already disclosed 
to the public the content or nature of its proposed action or (B) when 
the Commission is required by law to make such disclosure on its own 
initiative prior to taking final Commission action on such proposal;
    (ix) Specifically concerns the Commission's participation in a civil 
action or proceeding.
    (2) In each instance where the Commission determines that a portion 
or portions of a meeting may be closed to the public, or determines that 
information may be withheld from the public for one or more of the 
exemptions listed in paragraph (e)(1) of this section, the Commission 
shall consider and determine whether or not the public interest requires 
that the portion or portions of the meeting be open to the public and 
whether or not the public interest requires that the information be 
released to the public.
    (3) Whenever any person whose interest may be directly affected by a 
portion of a meeting requests that the Commission close such portion to 
the public for any of the reasons referred to in paragraph (e)(1) (v), 
(vi) or (vii) of this section, the Commission, upon the request of any 
one of its members, shall vote by recorded vote whether to close such 
meeting.
    (4) Action to close a portion or portions of a meeting for one or 
more of the reasons listed in paragraphs (e)(1) (i) through (ix) of this 
section, or to withhold information from the public for one or more of 
the reasons listed in paragraphs (e)(1) (i) through (ix) of this

[[Page 143]]

section shall be taken only when a majority of the entire membership of 
the Commission votes to take such action.
    (5) A separate recorded vote of the Commission shall be taken with 
respect to each meeting a portion or portions of which the Commission 
proposes to close to the public, and a separate vote of the members of 
the Commission shall be taken to determine whether to withhold 
information from the public. The vote of each Commissioner participating 
in such vote shall be recorded and no proxies shall be allowed.
    (6) Within one day of any vote taken pursuant to paragraphs (e)(4) 
and (e)(5) of this section, the Commission shall make publicly available 
a written copy of such vote reflecting the vote of each member on the 
question. If a portion or portions of a meeting are to be closed to the 
public, the Commission shall within one day of the vote taken pursuant 
to paragraphs (e)(4) and (e)(5) of this section make publicly available 
a written explanation of its action in closing a portion or portions of 
the meeting together with a list of all persons expected to attend the 
meeting and their affiliations.
    (7) For every portion or portions of a meeting closed pursuant to 
paragraphs (e)(1) (i) through (ix) of this section, the Chief Legal 
Officer of the Commission shall publicly certify that, in his or her 
opinion, the meeting may be closed to the public and shall state each 
relevant exemptive provision. A copy of such certification, together 
with a statement from the presiding officer of the meeting setting forth 
the time and place of the meeting, and the persons present, shall be 
retained in the Commission files.
    (f) Records. (1) The Secretary shall maintain in the official files:
    (i) A complete transcript or electronic recording (disclosing the 
identity of each speaker) adequate to record fully the proceedings of 
the Commission at a portion or portions of a meeting closed to the 
public for the reasons specified in paragraphs (e)(1) (i) through (ix) 
of this section.
    (ii) The statement of the presiding officer of each Commission 
meeting, a portion or portions of which were closed to the public, as 
required by paragraph (e)(7) of this section.
    (iii) The certification of the Chief Legal Officer, as required by 
paragraph (e)(7) of this section, for each Commission meeting, a portion 
or portions of which were closed to the public.
    (2) The records required by paragraph (f)(1) of this section shall 
be retained for at least two years following any meeting or not less 
than one year following conclusion of Commission action with respect to 
any matter discussed at such meeting, whichever occurs later.
    (g) Public access to records. (1) All records required to be 
maintained in accordance with the provisions of (f)(1) of this section 
shall promptly be made available to the public by the Secretary except 
for information which the Commission has determined may be withheld from 
the public for the reasons stated in paragraphs (e)(1) (i) through (ix) 
of this section.
    (2) Public inspection of such records shall take place at the 
headquarters of the Mississippi River Commission, 1400 Walnut Street, 
Vicksburg, Mississippi 39180.
    (3) The Secretary shall provide (subject to withholding of 
information for the reasons stated in paragraphs (e)(1) (i) through (ix) 
of this section) upon request of any person, copies of the records 
required by the provisions of (f)(1) of this section, including 
transcriptions of electronic recordings at the actual cost of 
transcription or duplication.

(5 U.S.C. 552b)

[42 FR 13286, Mar. 10, 1977]